[Adopted 3-10-2015 by Ord. No. 2015-2-003]
The purpose of this article is to provide a system to declare
and notify persons of snow emergencies and enforce the provisions
for same. Without such provisions, vehicles remain parked on Township
streets, impairing effective plowing and snow and ice removal. Consequently,
potential hazards are created by unplowed snow and untreated ice.
As used in this article, the following words shall have the
following meanings:
The Township Administrator of the Township of Lumberton or
the Administrator's designee. In the absence of an Administrator,
it shall be the Emergency Management Coordinator or his deputy coordinators.
The same meaning as defined in N.J.S.A. 39:1-1 as the same
may be modified or amended from time to time.
The Administrator shall declare a snow emergency when the Administrator
finds, on the basis of falling snow, sleet, freezing rain or on the
basis of a forecast by the United States Weather Bureau or on the
basis of any other weather service, that weather conditions will make
it necessary for motor vehicle traffic to be limited and for parking
on Township streets to be prohibited or restricted for snowplowing
or other purposes. The following parking regulations shall be in effect
during snow emergencies:
A.
Effective time of snow emergency. A snow emergency shall take effect
not earlier than four hours after it is declared, except if a snow
emergency is declared after 8:00 p.m., enforcement of the same shall
not take effect until 8:00 a.m. the next day, unless otherwise indicated
in the declaration.
B.
A snow emergency shall be in force for a minimum of 24 hours after taking effect unless canceled or changed under § 250-26 of this article.
C.
It shall be unlawful for a person to park or leave any vehicle on
a street in the Township of Lumberton when a snow emergency has been
declared.
D.
No motor vehicle shall be parked in the front of driveways where
doing so will cause the vehicle to block an adjacent walkway or sidewalk
or where the vehicle extends into the street.
E.
Vehicles which are disabled which block the roadway must be removed
at the owner's expense.
F.
The above parking prohibitions shall remain in effect after the snow
has ceased until the streets have been plowed sufficiently and to
the extent that parking will not interfere with the normal flow of
traffic.
A.
The Administrator shall declare a snow emergency by written signed
notice, filed with the Municipal Clerk, stating the beginning and
ending time for the period of the snow emergency, which ending time
shall be a minimum of 24 hours after taking effect. If the office
of the Municipal Clerk is closed, the Administrator shall file such
notice promptly when the office next is open during normal business
hours.
B.
The Administrator may cancel such declaration or change the beginning or ending time. Notice as provided in Subsection C of this section shall be given for such cancellations or changes.
C.
The Administrator shall cause each declaration of a snow emergency
to be publically announced by means of broadcast over the Township's
auto-call system, posting on the Township's website or other social
media system and emailing to those individuals who have requested
to receive such notices via email. Failure to provide notice in all
of the listed methods shall not be a defense to an action for enforcement
of the article.
D.
The notice concerning the snow emergency declaration shall inform
the public when the snow emergency parking regulations for the Township
will be in effect.
E.
The Administrator may take such other actions to inform the public
of the snow emergency as appropriate.
Once in effect, the prohibition under this article shall remain
in effect until terminated by announcement of the Administrator in
a manner similar to the announcement of the snow emergency.
A.
Removal of vehicles. Any unoccupied vehicle parked or standing in
violation of this article shall be deemed a nuisance and a menace
to the safe and proper regulation of traffic and any Township official
or law enforcement officer may provide for the removal of such vehicle.
The owner shall pay the reasonable costs of the removal and storage
which may result from such removal, before regaining possession of
the vehicle. Any vehicle found to be parked where not permitted during
a snow emergency will be issued a notice of parking violation pursuant
to this article and towed to a place designated for the storage of
impounded vehicles.
B.
Stalled or disabled vehicles. Whenever a vehicle becomes stalled
or disabled for any reason, whether or not in violation of this article,
on any portion of any street to which the parking prohibition applies,
the person operating the vehicle shall take immediate actions to have
the vehicle towed or pushed off the street. No person shall abandon
or leave his or her vehicle in any street (regardless of whether the
person indicates, by raising the hood or otherwise, that the vehicle
is stalled), except for the purpose of securing assistance during
the actual time necessary to go to a nearby telephone or to a nearby
garage, automobile service station or other place of assistance and
return without delay.
A.
Any person who violates this article is responsible for a civil infraction,
punishable by a fine not to exceed $100 for a first offense and a
fine of $250 for a second or subsequent offense.
B.
Evidentiary presumption relating to parking or leaving vehicle. In
any proceeding for a violation of this article relating to the parking
or leaving of a vehicle, proof that the particular vehicle described
in the complaint was parked or left in violation of this article,
together with proof that the respondent named in the complaint was,
at the time of such parking, the registered owner of such vehicle,
shall constitute in evidence a presumption that the registered owner
of such vehicle was the person who parked or left such vehicle at
the location such violation occurred.
C.
Impoundment of vehicle. Any vehicle parked or left on any street
in violation of this article constitutes a public hazard and an obstruction
of traffic and may be towed and impounded immediately. No person may
recover any impounded vehicle without first paying the cost of removal
and storage, notwithstanding, and apart from, any fine which may also
be imposed for violation of this chapter.